1980 07 01 CC Minutes, Emergency00701 -1
MINUTES OF THE EMERGENCY MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYT0WN
July 1, 1980
The City Council of the City of Baytown, Texas, met in
emergency session on Tuesday, July 1, 1980, at 5:00 p.m. in the
Council Chamber of the Baytown City Hall with the following
members in attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Absent: Eileen Caffey Councilwoman
The meeting was called to order by Mayor Hutto.
Ordinance - Authorizing the City Manager to Execute an Agreement
With Exxon Company, U.S.A. For Emergency Purchase of Water
On Friday, June 27, the Administration approached Leonard
Stasney with Exxon to determine whether there was a possibility
that the City could obtain some emergency water from Exxon. Mr.
Stasney advised the Administration this was possible and on
Monday, members of the Administration and Exxon's staff worked
very hard to draw up details. One of the connections between the
Baytown system and the Exxon system has been made, which is in
the vicinity of the Mutual Benefit Association building. Appar-
ently, there was a connection in that vicinity for many years,
and at some point, it was disconnected. The City forces worked
with Exxon to reconnect at that point and a meter has been
installed at that location. The line is now being chlorinated.
If Council approves the proposed contract, the water from that
source will be available to the City on an emergency basis.
Secondly, Exxon indicated that if the City could extend its water
line directly to Exxon's well, which is not in use since Exxon
has converted to surface water, then more water could be avail-
able to the City. The Administration has contacted the State
Civil Defense Agency. This agency has 8 -inch water pipe avail-
able to cities that are experiencing problems with water. There
is no cost to cities to use this pipe. The pipe is available to
loan to cities if the cities pay the cost for transportation.
Randy Strong, City Attorney, discussed the proposed contract
with the City Council. Mr. Strong stated that the contract is a
fairly short agreement between the City and Exxon. The first
section describes the two connections. The Park Street connec-
tion is referred to as the North Connection; the other is the
South Connection and is located behind the Mutual Benefits
Association Building at 3520 Market Street. The North Connection
is an emergency supply of water to be utilized when additional
water is needed in the City's system in order to protect the
safety and welfare of its citizens. The South Connection shall
be available for use by the City only when necessary to provide
emergency fire protection or to keep the City's overhead storage
tanks filled. It does not have the discretionary feature of the
North Connection. The way that the contract is drawn provides
the City more discretionary use. Both the City of Baytown and
Exxon agree there is no limitation as to the maximum number of
gallons the City may purchase during the term of this agreement,
but it is contemplated by the parties that the City will purchase
water only in emergency situations. Paragraph II of the contract
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Minutes of the Emergency Meeting - July 1, 1980
sets forth the fee for the water which is to be paid at the end
of the contract period. The City will provide and install meters
for measuring the City's water usage at both the North and South
Connections. It is agreed that representatives of Exxon shall
have free access to these meters for the purpose of reading and
inspecting. Exxon is not making any representations as to the
quality of this water. The City believes that the water is of
good quality but if the City determines that the water purchased
from Exxon should be treated in order to make it usable within
the City water supply system, such treatment is to be provided by
the City and at the City's expense. It is also agreed that Exxon
retains the right to shut off the supply of water to the City in
the event of an emergency with Exxon's facilities that would
require the use of the water being purchased by the City under
this agreement. The City agrees to indemnify and hold harmless
Exxon from and against all claims, demands, causes of action,
damages, and injuries of any manner resulting from, arising out
of or connected with the supply of emergency water by Exxon to
the City. The term of this agreement shall be for ninety (90)
days from the date of execution. This agreement may be extended
an additional ninety (90) days at the option of the City by
making a written request for extension prior to the termination
date of this agreement.
Councilman Philips inquired if the City employees will be
inside the Exxon plant to treat the water. Leonard Stasney
explained that the employees will have to enter the Exxon plant
in order to chlorinate the water. The Exxon people will start
and stop the wells but as far as the chlorination process, the
City will be responsible.
Councilman Philips also inquired as to how long will it take
to get the North Connection installed and operable. Air. Dykes
stated that if the City forces can pipe all day, it will take
approximately three days. Mr. Dykes stated that hopefully the
City can get the pipe delivered by tomorrow evening, and the City
can get the chlorinator and special fittings together and be
ready to start work. Hopefully by next Wednesday, the system can
be hooked up and test results should be received next Friday.
The Administration recommended approval of the ordinance.
Councilman Cannon stated that this is an example of coopera-
tion between the local industries and stated that the City
appreciates this cooperation.
Councilman Cannon moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Cannon
Hayor Hutto
Nays: None
ORDINANCE NO. 2921
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREE-
MENT WITH EXXON COMPANY, U.S.A. WITH REGARD TO EMERGENCY PURCHASE
OF WATER AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
The City Council commended the Administration and Exxon
staff for their efforts in taking this step before a dangerous
situation erupts.
Councilman Philips suggested that overtime be used to make
this connection in a minimum amount of time. He also inquired if
there is any other contingency step that the City could take for
example, with fire equipment. Mr. Dykes explained that he is not
aware of any steps, but the Administration will check in this
regard.
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Minutes of the Emergency Meeting - July 1, 1980
Consider Authorization to the Administration to Expend Funds For
Transportation of Water Pipe
Mr. Dykes explained that the civil defense pipe that the
Administration has been speaking of is located just outside of
Waco at a Department of Public Safety warehouse. He further
stated that today he located a trucking company out of Waco and
Hillsboro, who can have trucks there in the morning at 6:00 a.m.
to load the pipe. The City needs approximately 8,000 feet of
pipe to lay the two lines. With Council's approval, the Adminis-
tration has set it up for the trucks to be loaded at 8 :00 a.m. in
the morning and should arrive in Baytown at approximately 1:00
p.m. The City forces will unload the pipe at the refinery. The
cost of the freight would be $400 per truck. The City will also
be out of the expense of returning the pipe. The Highway Depart-
ment personnel will load the pipe and will bill the City.
?tor. Dykes stated that it looks as if it will take five trucks to
bring the pipe to Baytown at $400 per truckload. There would be
the same cost when the pipe has to be returned.
Councilman Cannon inquired if the pipe has to be returned
to the warehouse or could it be kept in the Gulf Coast area to be
available to cities when needed. Mr. Dykes explained that normally
the state likes it to be returned and stored in their central
warehouse area.
In response to a question from Council, the Administration
stated that the pipe would be the City's until the emergency is
over.
Councilwoman Wilbanks moved to authorize the Administration
to expend funds for transportation of water pipe; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Cannon
Mayor Hutto
Nays: None
Ordinance - Amending Ordinance No. 2906 by the Addition of a
Penalty Clause to Provide a Maximum Penalty of $200 for
Violation of the Provision Set Forth in the Ordinance
The Administration explained the ordinance that the Council
passed in June gave authority to the Mayor to enforce the pro-
visions of this ordinance by the discontinuance of water service
in the event of violation. Although there has been good coopera-
tion from the citizens, the City is finding more and more viola-
tions of watering during hours that are not authorized. The
Administration felt a need to prepare to enforce this ordinance.
The Administration recommended that a penalty provision with a
fine of not more than $200 be added to this ordinance. The
police department could give citations in this regard. The
provision would not be effective until 10 days from its passage
by City Council.
Councilman Cannon moved for adoption of the ordinance;
Councilman Johnson seconded the motion.
Councilman Johnson stated that he had a few citizens make
comments to him about the Country Club watering and it was brought
to his attention that the Country Club has its own watering
system.
Mr. Lanham also stated that Lee College is pumping water
from the ditch that goes through the campus in order to water
which is not a violation of the ordinance. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Cannon
Mayor Hutto
Nays: None
00701 -4
Minutes of the Emergency Meeting - July 1, 1980
ORDINANCE NO. 2922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ORDINANCE NO. 2906, PROHIBITING CERTAIN USES OF WATER
FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC
WELL- BEING, TO PROVIDE A PENALTY OF $200 FOR THE VIOLATION OF
SAID ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
Councilman Philips stated that many people do not receive
the Baytown Sun and suggested that the City get the news media
informed.
Mr. Lanham stated that the Administration expects the
results of the sample of the Decker Drive water well on '".hursday
morning. Mr. Lanham further explained that when the City gets
that well back in service, the City still will not be able to
meet the demand that the City would have if the City had no
restrictions. Even when the well is back in service, the City
will have to continue to have some restrictions and the Council
might want to change the time for watering lawns.
Mayor Hutto inquired if the Administration felt with the
Decker Drive water well back in service and the tie -in with
Exxon, the City might be able to reduce some of the restrictions.
Air. Dykes explained that at this time, he really does not know
because the City does not have experience with problems of this
type.
Unfinished Business
Air. Lanham explained that the Financial Advisor has brought
in the document for the sale of $1,000,000 in certificates of
obligation. Those bids are due on the 10th day of July, 1980.
Councilwoman Wilbanks stated that the Council members have
just received copies of the preliminary report from the Drainage
Study Committee. This is the report that will be presented at
the public hearing next Wednesday and Councilwoman Wilbanks
stated that the Committee would like to invite the public to give
their suggestions and input on the project at the public hearing
to be held on Wednesday, July 9, 1980 at 7:00 p.m.
Ad j ourn
With no further business to be transacted, Mayor Hutto
adjourned the meeting.
Chi PJ
Karen Petru, Deputy City Clerk
APPROVED: